Washington, DC – People For the American Way today said it was “disappointed” by a Sixth Circuit Court of Appeals decision allowing Ohio Secretary of State Jon Husted to move forward with a last-minute elections rule change that could leave thousands of Ohio provisional ballots uncounted. The unanimous three-judge panel, consisting of one George H.W. Bush and two George W. Bush nominees, overturned the ruling of District Court judge Algenon Marbley. Marbley had blasted Husted for making a last-minute rule change for the counting of ballots that could disenfranchise thousands of Ohioans.

“We are deeply disappointed by the Sixth Circuit’s decision,” said Michael Keegan, President of People For the American Way. “One of the most sacred rights in our democracy is the right to cast a vote that counts. Many Ohioans waited in line for hours on November 6 to cast a ballot. That right should never be allowed to be taken away by capricious rulings of elections officials. How many Ohioans will take pride that they voted, never realizing that a partisan election official ordered their ballot to be ignored? Would Husted be able to look citizens in the eye and tell them that their votes weren't counted?"

“Husted and his Republican colleagues across the country have been trying to game the system in every way possible to make it harder for certain Americans to cast ballots,” continued Keegan. “Across the country, they have run up against a strong and independent federal judiciary that has stood up for the rights of citizens. It is disappointing that the Sixth Circuit has broken that trend, ruling against the clear interests of Ohio’s voters. Let this be a reminder to progressives as President Obama begins his second term: the federal judiciary is the most lasting legacy of any president. Let’s work to make sure the next four years sees the confirmation of fair, impartial judges who will stick up for the rights of individual Americans under the Constitution.”